ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
     
    MARATHON ASHLAND PETROLEUM,
    LLC
    (Cooing Tower Automation And Control
    (Property Identification Number
    51-34-1-21)),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-114
    (Tax Certification - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 22, 2005, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board not certify certain facilities of Marathon Ashland Petroleum, LLC
    (Marathon Ashland Petroleum) as “pollution control facilities” for preferential tax treatment
    under the Property Tax Code (35 ILCS 200/11-5
    et seq.
    (2004)). The disapproved facilities are
    at Marathon Ashland Petroleum’s petroleum refinery in Robinson, Crawford County. The
    Agency filed the recommendation under Part 125 of the Board’s procedural rules (35 Ill. Adm.
    Code 125). In this order, consistent with the Agency’s recommendation, the Board declines to
    certify that Marathon Ashland Petroleum’s facilities are pollution control facilities.
     
    The Agency states that it received a tax certification application from Marathon Ashland
    Petroleum for its cooing tower automation and control system at Marathon Ashland Petroleum’s
    Marathon Ashland Petroleum on December 30, 2004. Agency Rec. at 1. On December 22, 2005,
    the Agency filed a recommendation on the application with the Board. The Agency’s
    recommendation identifies the facilities at issue as:
     
    equipment that involves the cooling water tower. The project is described as a Cooling
    Water Tower Automation and Control system, which mainly consists of pH and oxygen
    reduction probes and related equipment designed to improve the quality of the cooling
    water and minimize corrosion. Agency Rec. at 1-2.
     
    The Agency’s recommendation also identifies the location of the facilities: 100 Marathon
    Avenue, Robinson, in Crawford County.
    Id.
    at 1.
     
    The Agency recommends that the Board deny certification that the identified facilities are
    pollution control facilities as defined in Section 11-10 of the Property Tax Code (35 ILCS
    200/11-10 (2004)). The Agency stated as follows:
     
     
      
    2
    Notwithstanding the limited information contained within the application for tax
    certification, it does not appear that the overall project, or even portions thereof, is
    primarily meant to reduce or eliminate air pollution. The description of the project
    instead suggests than it was intended solely as a process-related improvement to reduce
    corrosion on affected equipment. Agency Rec. at 3.
     
    Marathon Ashland Petroleum had 35 days from when it was served with a copy of the
    Agency’s recommendation to contest that recommendation to the Board. 35 Ill. Adm. Code
    125.206. Any petition for review was to have been filed on or before January 30, 2006. 35 Ill.
    Adm. Code 101.300(c). Marathon Ashland Petroleum failed to file a petition before the Board
    within that time.
     
    Accordingly, consistent with the Agency’s recommendation, the Board declines to certify
    that Marathon Ashland Petroleum’s facilities are pollution control facilities that are subject to
    preferential treatment under the Property Tax Code. The Board dismisses this docket.
     
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2004);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 2, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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